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Michigan DUI Information

Massachusetts DUI Law Highlights: BAC Levels and Implied Consent
"Per Se" BAC Level: .08
"Zero Tolerance" BAC Level: 0.2
Enhanced Penalty BAC Level: --
"Implied Consent" Law : yes


Massachusetts DUI Law Highlights: Selected Penalties
Administrative License Suspension/Revocation (1st/2nd/3rd Offense) 1y/ 2y/ 8y
Mandatory Alcohol Education and Treatment/Assessment : Both
Vehicle Confiscation Possible?: Yes
Ignition Interlock Device Possible?: Yes

The violation of the "per se" law. This law relates only to body chemistry, and has nothing to do with alcohol impairment. In order to gain a conviction under this theory, the prosecutor must prove beyond a reasonable doubt, that a driver's blood or breath alcohol content (BAC) was greater than .08%, while he or she was operating his motor vehicle.

Michigan OWI requires a prosecutor to prove, beyond a reasonable doubt, that the driver was operating a vehicle, while alcohol visibly weakened or reduced his ability to operate his motor vehicle. These criminal offenses can apply to adults or minors. In Michigan, although we become adults at age 18, the liquor control laws define an adult as someone 21 years of age or older. So, Michigan enacted the "Zero Tolerance" law for people under the age of 21. Minors may not operate a motor vehicle with any bodily alcohol content.

A conviction or plea of guilty of OUIL or driving with an excessive BAC, means a maximum sentence of up to $500.00 in fines plus the costs of prosecution, up to 93 days in jail and up to 45 days of community service. A second DUI, OUIL or UBAC in Michigan increases the fines plus costs up to $1,000.00, and imprisonment up to 1 year in jail.

A conviction or guilty plea to OWI will result in a maximum sentence up to $300.00 in fines plus costs, up to 93 days in jail and up to 45 days of community service.

A third time conviction for drunk driving will result in a felony punishable by 1 to 5 years imprisonment and a fine of up to $5,000.00.

On top of the above, a convicted person's license will be suspended or revoked for varying lengths of time depending on the circumstances. For a conviction of OUIL or UBAL/UBAC, a license will be suspended for not less than 6 months and not more than 2 years, without restriction for the first 30 days. If the drunk driver has a prior conviction, the license may be revoked. However, for a conviction of OWI, the license may be suspended for not less than 93 days or more than one year, but a restricted license is available immediately. A restricted license will allow the convicted person to drive to, from and during work, to alcohol treatment, school, community service or probation. He or she must carry proof of destination and hours to show law enforcement.

One of the toughest sanctions next to time in jail is when the sentencing judge confiscates the vehicle the drunk driver operated. The vehicle does not have to belong to the operator - it can be anyone else's vehicle. It doesn't matter if the vehicle is necessary for the other members of the drunk driver's family.

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